10 ms·

Why not just adjust the H-1B program so that the highest paid positions get priority? That way companies could still hire abroad for in-demand skills, but it wo

Why not just adjust the H-1B program so that the highest paid positions get priority? That way companies could still hire abroad for in-demand skills, but it would eliminate bringing people into the country to avoid paying the prevailing wages for IT workers. You could even make exceptions for academic or medical work as needed. It seems like a common sense adjustment to the program, but I don't see many people offering this up as a solution to this problem.

jarsj 8y ago
That would be great, but companies would figure out ways around it. Company would pay 2X and ask employee to pay X to some random/affiliated company for training etc. They would even do this handoff in India to stay out of radar and tell you what many indians would take the deal. The solution is "EXTREMELY" strict penalties including prison time for board of companies who indulge in it willingly.
- seanmcdirmid 8y ago
  Such kickbacks would be very illegal and are prosecuted very aggressively already I think.
  - paxys 8y ago
    Including the example in this very article which no one has bothered to read.
- smnrchrds 8y ago
  I doubt that would be even remotely legal. If it were, you would have seen tons of minimum wage jobs paying below minimum wage through these schemes.
  - diebeforei485 8y ago
    It's easy to exploit immigrants though. Cultural differences (less likely to speak out), as well as lack of knowledge and experience of local laws, make the likelihood of legal action very low indeed.
    - newen 8y ago
      Maybe. We're talking highly educated immigrants though, whike you're probably thinking of immigrants who are not as educated.
malikNF 8y ago
Wont that result in companies having to overpay foreign workers? Essentially making the entire program ineffective.
- kalleboo 8y ago
  The point of the program is to fill positions that are difficult or impossible to fill locally. To this end employers are supposed to pay a fair market wage. Underpaying foreign workers is an abuse of the program and what is making it ineffective. If they started being "overpaid" it would be an indication that the program is fulfilling its objective (proof that the employer is desperate for the candidate).
youzicha 8y ago
Exactly this was proposed last year in a bill with a democrat sponsor. But right now H1b is basically the only way to get hired as an immigrant. If you made it wage-prioritized there would be basically no way to get an h1b for entry level jobs, which would really suck for new graduates. http://alexyar.tumblr.com/post/156649015342/anyway-heres-the-proposed-legislation-the http://alexyar.tumblr.com/post/156649015342/anyway-heres-the...
- tiff_seattle 8y ago
  H-1B shouldn't be used for entry level positions though. It should be used for positions that cannot be filled by the local workforce.
  - dingo_bat 8y ago
    So no jobs for newly graduated students who are not citizens?
    - tiff_seattle 8y ago
      If they don't have a skill that employers are willing to pay top dollar for, then no. H-1B is designed for bringing highly skilled workers into the country. It's not a program for job security for new grads.
      - paxys 8y ago
        Experience is usually worth more than skill. It's pretty stupid to turn away smart young people who you have paid to educate in the best universities in the world.
        sanxiyn 8y ago
        Yes, it is stupid, I wholeheartedly agree it should be fixed, but I disagree that it should be fixed by H-1B visa.
    - 8y ago
curun1r 8y ago
That would result in tech workers continuing to be underpaid, just slightly less so, and other professions being complete non-starters for immigrants. Working in tech, it's easy to get myopic about H1-B issues and only see how the program affects our workplaces. But it's important to realize there are professions other than tech that get paid a lot less than even the underpaid tech H1-B visa holders. And adjusting the program to fix problems in tech can easily break it for everyone else. But I think there is a better way to fix the program and not have the kind of collateral damage that your plan would create. It's a method that's in use in many parts of the world and it works well...ratios. Let companies hire as many DHS-cleared immigrants as they want provided they also employ the requisite number of US citizens in similar roles.
- ggg9990 8y ago
  But those low paid professions should be nonstarters for immigrants. Can't hire enough nurses? If the pay floats up to React Native developer salaries, I'm sure you'll be able to.
- bduerst 8y ago
  Not to mention it would drive down wages for American jobs. This national auction for visas would be an economic disaster, resulting in immigrants being paid much less in areas that have higher a cost-of-living. Companies could pay immigrants less than the prevailing wage of American citizens, and lay off the citizens. Immigrants would take the jobs too because it has the added value of the visa.
  - sanxiyn 8y ago
    Paying immigrants less than the prevailing wage of American citizens with H-1B visa is illegal.
    - bduerst 8y ago
      GP is talking about switching the H1B visa to a wage auction, specifically doing away with prevailing wage. That's what we're talking about.
dragonwriter 8y ago
> Why not just adjust the H-1B program so that the highest paid positions get priority? Why not just eliminate the employer-sponsored H-1B and allow individuals who aren't personally barred from entry to pay for temporary residency and work permit on an annual basis, with prices that escalate with higher demand?
setum 8y ago
Salaries vary not just on individual skill and talent but also on the city of the job. This will make all the H1 jobs go to Bay Area, may be some to NYC, LA & Boston too. But primarily Bay Area.
- flukus 8y ago
  If someone truly has such rare skills that they need to be imported then they should be getting top dollar anywhere in the country.
BLanen 8y ago
Would mean that companies in NY & CA get preference. How could a company in Ohio compete? Would have to adjust to living expenses of the location. But, as far a I know, H1B visas aren't tied to a location.

jarsj 8y ago

That would be great, but companies would figure out ways around it. Company would pay 2X and ask employee to pay X to some random/affiliated company for training etc. They would even do this handoff in India to stay out of radar and tell you what many indians would take the deal. The solution is "EXTREMELY" strict penalties including prison time for board of companies who indulge in it willingly.

seanmcdirmid 8y ago
Such kickbacks would be very illegal and are prosecuted very aggressively already I think.
- paxys 8y ago
  Including the example in this very article which no one has bothered to read.
smnrchrds 8y ago
I doubt that would be even remotely legal. If it were, you would have seen tons of minimum wage jobs paying below minimum wage through these schemes.
- diebeforei485 8y ago
  It's easy to exploit immigrants though. Cultural differences (less likely to speak out), as well as lack of knowledge and experience of local laws, make the likelihood of legal action very low indeed.
  - newen 8y ago
    Maybe. We're talking highly educated immigrants though, whike you're probably thinking of immigrants who are not as educated.

malikNF 8y ago

Wont that result in companies having to overpay foreign workers? Essentially making the entire program ineffective.

kalleboo 8y ago
The point of the program is to fill positions that are difficult or impossible to fill locally. To this end employers are supposed to pay a fair market wage. Underpaying foreign workers is an abuse of the program and what is making it ineffective. If they started being "overpaid" it would be an indication that the program is fulfilling its objective (proof that the employer is desperate for the candidate).

youzicha 8y ago

Exactly this was proposed last year in a bill with a democrat sponsor. But right now H1b is basically the only way to get hired as an immigrant. If you made it wage-prioritized there would be basically no way to get an h1b for entry level jobs, which would really suck for new graduates. http://alexyar.tumblr.com/post/156649015342/anyway-heres-the-proposed-legislation-the http://alexyar.tumblr.com/post/156649015342/anyway-heres-the...

tiff_seattle 8y ago
H-1B shouldn't be used for entry level positions though. It should be used for positions that cannot be filled by the local workforce.
- dingo_bat 8y ago
  So no jobs for newly graduated students who are not citizens?
  - tiff_seattle 8y ago
    If they don't have a skill that employers are willing to pay top dollar for, then no. H-1B is designed for bringing highly skilled workers into the country. It's not a program for job security for new grads.
    - paxys 8y ago
      Experience is usually worth more than skill. It's pretty stupid to turn away smart young people who you have paid to educate in the best universities in the world.
      - sanxiyn 8y ago
        Yes, it is stupid, I wholeheartedly agree it should be fixed, but I disagree that it should be fixed by H-1B visa.
  - 8y ago

curun1r 8y ago

That would result in tech workers continuing to be underpaid, just slightly less so, and other professions being complete non-starters for immigrants. Working in tech, it's easy to get myopic about H1-B issues and only see how the program affects our workplaces. But it's important to realize there are professions other than tech that get paid a lot less than even the underpaid tech H1-B visa holders. And adjusting the program to fix problems in tech can easily break it for everyone else. But I think there is a better way to fix the program and not have the kind of collateral damage that your plan would create. It's a method that's in use in many parts of the world and it works well...ratios. Let companies hire as many DHS-cleared immigrants as they want provided they also employ the requisite number of US citizens in similar roles.

ggg9990 8y ago
But those low paid professions should be nonstarters for immigrants. Can't hire enough nurses? If the pay floats up to React Native developer salaries, I'm sure you'll be able to.
bduerst 8y ago
Not to mention it would drive down wages for American jobs. This national auction for visas would be an economic disaster, resulting in immigrants being paid much less in areas that have higher a cost-of-living. Companies could pay immigrants less than the prevailing wage of American citizens, and lay off the citizens. Immigrants would take the jobs too because it has the added value of the visa.
- sanxiyn 8y ago
  Paying immigrants less than the prevailing wage of American citizens with H-1B visa is illegal.
  - bduerst 8y ago
    GP is talking about switching the H1B visa to a wage auction, specifically doing away with prevailing wage. That's what we're talking about.

dragonwriter 8y ago

> Why not just adjust the H-1B program so that the highest paid positions get priority? Why not just eliminate the employer-sponsored H-1B and allow individuals who aren't personally barred from entry to pay for temporary residency and work permit on an annual basis, with prices that escalate with higher demand?

setum 8y ago

Salaries vary not just on individual skill and talent but also on the city of the job. This will make all the H1 jobs go to Bay Area, may be some to NYC, LA & Boston too. But primarily Bay Area.

flukus 8y ago
If someone truly has such rare skills that they need to be imported then they should be getting top dollar anywhere in the country.

BLanen 8y ago

Would mean that companies in NY & CA get preference. How could a company in Ohio compete? Would have to adjust to living expenses of the location. But, as far a I know, H1B visas aren't tied to a location.